Subject:
             update on PA tobacco litigation
        Date:
             Sun, 02 May 1999 20:29:51 -0400
       From:
             Robert Sklaroff <rsklaroff@home.com>
 Organization:
             @Home Network
         To:
             Stan Glantz <glantz@medicine.ucsf.edu>
 
 
 

i filed a motion (which will be received in Harrisburg tomorrow,
inasmuch as I got it to FedEx at Cargo City at the International Airport
by 9:30 PM last night) requesting the opportunity to file a brief
regarding the issue of standing.

[the final draft is contained in my "infected" office computer, so I
will paraphrase.]  three weeks ago, the Commonwealth Court determined
that an organization called SCRUB had standing to challenge placement of
billboards in south Philly because it PAYS TAXES.  I fall under the same
"Biester Exception" and, thus, merit standing.

Remember, once I gain standing, I will issue an "APB" to organize a
national seminar on the MSA in Philly's City Hall; the help of all
anti-tobacco activists (in PA and elsewhere) will be vital to restoring
our rights to sue the tobacco industry if/when it continues its
nefarious ways.  It's the only language it truly understands.

[by the way, Glen quoted my "last man standing" line from my 49-page
brief]

Also, know that I testified on Wednesday before the House Health and
Human Services Committee, at which time the exchange with the Chair led
to my stating, "The Attorney General is running interference for the
tobacco industry."  He (Rep. Dennis O'Brien) wasn't thrilled (inasmuch
as he's a republican, as is Fisher); he kept saying he agreed "100%"
with everything in my testimony, but he felt Fisher had done a mitzvah
(my paraphrase).  I said "Prove it!"  I told him I am available "26
hours a day, 8 days a week" but that my telephone has not been used by
General Fisher.  All he need do is stipulate what his office (and he,
himself) have stated publicly (in court and in the media) and I'll go
home.

Here's another reason why is reassurances are hollow.  Although he
cannot NOW preclude litigation (he says) as the AG, were the enabling
law to be altered, he would then suddenly be able to do so, and the MSA
would be in-place for such power to be applied to the tobacco industry.

{This isn't far-fetched, for one need only recall what occurred last
year with the "AMP Bill"; this legislation related to a pending
corporate take-over had (inserted within its 200+ pages) a phrase that
would enable the Blues to convert to for-profit status without
hearings.  This was discovered by the Executive Director of the PA
Society of Internal Medicine...and NOT the PA Medical Society...and was
"fixed."  Nevertheless, this illustrates how the legislative process can
be subverted, and I would not put it past the tobacco industry to
slip-us a "mickey" in like fashion.  That's why we must be
ever-vigilant, and that's why we can't allow the AG to retain any FUTURE
power to preclude anti-tobacco litigation.}

*

http://www.phillynews.com/inquirer/99/May/02/review/RSMOK02.htm

The Philadelphia Inquirer, May 2, 1999
 
         Pa. is closer to its share of the tobacco money

Robert Sklaroff, a Philadelphia oncologist and activist representing
himself in court, is the last man standing.

Eight appeals were filed in Commonwealth Court this year after a
Philadelphia judge approved of Pennsylvania's participation in the $206
billion nationwide tobacco settlement.

Gradually, that number has fallen. When Allegheny County dropped its
appeal last week, it left Sklaroff the only one blocking final approval
for participation by Pennsylvania, which stands to get $11.3 billion
over 25 years should the settlement be approved nationwide.

Sklaroff's appeal seeks to protect his right to sue tobacco companies, a
right that some people fear the settlement would jeopardize. Most other
appeals were dropped under pressure from the office of Attorney General
Mike Fisher.

Allegheny County had wanted to ensure the right to sue cigarette makers
or to get a portion of the state's settlement money. But county
officials met with officials of the Ridge administration last week and
reached a written agreement that would give the county a seat at the
table when the money is divided later this year.

Overall approval for the settlement nationwide is still pending. That
requires court approval and exhausting of all appeals in 80 percent of
the participating states; those states' settlement money must represent
80 percent of the total. The deadline for approval is June 2000.

-- Glen Justice, in Harrisburg

© 1999 Philadelphia Newspapers Inc.